Last week was one of the final deadlines as the 2021 Legislative session winds down. Bills must have been moved out of the committee in the second chamber to remain alive, with a few exceptions.

Bills that had been sent from the House to the Senate needed to be moved out of committee either to the floor or to a revenue, rules or ways and means committee. The same process applies for bills sent from the Senate to the House.

While there have been plenty of bills that have moved beyond this deadline, it is always interesting to see what the second chamber decided to kill. Here are a few of the highlights.

Senate bills killed by House committees

• SB 605 Killed in the Ag and Natural Resources committee. This bill proposed an expansion process for rural fire protection districts. The issue was brought forward by Sen. Frederick (D - Portland) on behalf of one county who is not connected to his district.
• SB 594 Another Sen. Frederick (D – Portland) bill that stated out as prohibiting school districts from using monitoring software on students’ computers. It was amended by the Senate Education Committee into a study of software that could be used. The House Education Committee chose not to even hear the bill.
• SB 314 Would allow electric companies to recover the costs from rate payers for installing additional Electric Vehicle charging infrastructure. Environmental groups opposed the bill because it also contained provisions for expansion and improvements to CNG (compressed natural gas). The House Environment & Energy Committee chose to allow it to die knowing that the cost recovery for the electric companies only portion was contained in HB 2165 which had already moved through both chambers on a party line vote.
• SB 299 Would have allowed for the creation of children’s service tax districts with the implementation of a permanent special tax district if approved by the voters. The tax service district would be based on property value and would be in addition to the current property taxes that fund K-12 education. Introduced by Sen. Rile (D - Hillsboro), Sen. Wagner (D – Lake Oswego), and Rep. Schouten (D - Beaverton), the bill passed out of the senate with bi-partisan support. However, Counties, Cities and others could not get behind a new tax that would undermine programs for children outside of the K-12 system.
• SB 441 This is another example of a bill that died because an almost identical House bill had already run been successful. The bills modified the criteria for erecting roadside memorials for deceased veterans. SB 441 and HB 2700 were almost identical but HB 2007 allowed for individuals also identified by the Defense POW/MIA Accounting Agency. Both measures had bipartisan support.

House bills killed by Senate committees

• HB 2495 It did not receive overwhelming support in the House due to the perception that it was jumping the gun on the Toxic Free Kids Act (TFKA) which has not yet had time to be fully implemented. The bill brought forth by Rep. Neron (D- Wilsonville) and Sen. Dembrow (D - Portland) sought to strengthen the limitations in chemicals that could be detected in children’s products as well as expand on the reporting requirement.
• HB 2958 After leaving the house with forty-seven supporting votes, it was surprising to see the Senate kill this bill. Brought forward by Rep. Nosse (D - Portland) Rep. Grayber (D -Tigard) and Sen. Lieber (D - Beaverton) it sought to allow pharmacists to prescribe, dispense and administer HIV prevention (not treatment) medications. However, the issue that could have been the demise of the bill, was the amendment that was adopted requiring insurance agencies to pay for the prescriptions.
• HB 2758 The bill moved out of the house by the will of the majority party and would have required the Oregon Liquor Control Commission to have two commissioners with public health backgrounds. To gain Republican support, the House committee adopted an amendment that said it would only affect commissioners appointed after the change. However, there was also a push to add a commissioner that was a representative of the cannabis industry.
• HB 2616 Sometimes bills are introduced to solve one landowner’s issue but fall victim to partisan politics. HB 2616 looked to fix a problem for a single pond owner in Southern Oregon. He had purchased a piece of property only to discover that the pond on it was constructed by the previous owner without a permit. In 2020, a bill was also introduced to try and help solve the pond problem. It passed the House and Senate committees and the House floor by unanimous vote but died due to the session walk out. Now it appears to have died because of partisan politics. Three House Democrats who supported the bill in 2020 voted no this time in committee and then convinced 16 more Democrats to join them in voting no on the floor of the House. However, it still managed to move to the Senate. During the 2020 Session, the bill received unanimous support in the Senate Environment and Natural Resource Committee, but this time, with a new committee Chair, it only received a courtesy hearing and then died for lack of action. Unanimous support one session and partisan politics the next. As the days for the 2021 session draw to a close, one thing is sure, the two Chambers of the Legislature maintain a historic difference of opinion on many matters, and politics still plays a part in what makes it into law.

--Terese Humboldt

Post Date: 2021-06-02 10:32:58

Last Update: 2021-06-02 11:13:13

Oregon House Democrats have opposed renewed efforts from Republicans to adopt HB 2339, otherwise known as ‘Ezra’s Law,’ a bill to allow for sentencing that better reflects the impacts of permanent injuries for victims.

The bill is named after Ezra Thomas who was just 2 years old when his mother’s boyfriend, Josue Mendoza-Melo, attacked him. Today, as a result of the injuries, Ezra cannot walk, talk or see. While Ezra’s injuries have given him a life sentence of disability, Josue will serve no more than 12 years in prison.

The proposed law would secure longer sentences for people who cause permanent physical injury to their victim.

“This is a very sensitive bill that provides parity in sentencing for victims,” said House Republican Leader Christine Drazan (R-Canby). “Consequences for violent person-on-person crimes should reflect the permanent damages that someone suffers as a direct result of a criminal’s actions."

"This bill should have bipartisan support this session and should not be a political issue.”

"It’s a terrible result for victims that this attempt was sidelined by partisan agendas," said Representative Daniel Bonham (R-The Dalles), a chief sponsor of the original bill.

"We shouldn’t let politics get in the way of an issue as important as this." Earlier this session, the Chair of the House Judiciary Committee refused to allow ‘Ezra’s Law’ to move to a work session. The scenario mirrors a similar situation that almost happened to ‘Bailey’s Bill,’ a proposal that protects victims of sex crimes with appropriate sentencing. This bill was also held hostage, and almost died, in favor of proposals that would reduce prison sentences for violent crimes.

“Ezra, and victims like him, should not have to wait for true justice,” said Representative Bonham.


--Bruce Armstrong

Post Date: 2021-06-01 14:43:11

Last Update: 2021-06-01 22:13:37

Recent ruling by U.S. District Judge Reed O’Connor may impact the direction of many bills being considered by the Oregon Legislature. Judge O’Connor approved a temporary restraining order forbidding President Biden’s administration from giving out grants in a program aimed at prioritizing applicants due to their race and/or gender after he told plaintiff Philip Greer he is likely to succeed.

Greer prepared an application on behalf of his restaurant and is otherwise eligible to receive an RRF grant, but for the allegedly unconstitutional prioritization scheme.

At issue is the fact that the Biden administration directs prioritization of restaurants that are owned and controlled by women, veterans, and people deemed “socially and economically disadvantaged,” which includes those owned at least 51 percent by some Indian tribes or Native Hawaiian organizations. The lawsuit goes forward claiming “this is illegal, it is unconstitutional, it is wrong, and it must stop.”

Oregon’s leadership has been following the Biden administration in bills covering education, land use, energy, and business. These are a few examples of bills that could result in an unconstitutional law suit:

• HB 2001 Requires school district that is making reductions in educator staff positions to retain teacher with less seniority if teacher has more merit and if retention of teacher is necessary to maintain school district's diversity ratio.
• HB 2060 Identifies economically disadvantaged students based racial or ethnic groups… for purposes of Student Investment Account distributions.
• HB 2518HB 2518 establishes and allocates funding to the Oregon Brownfield Properties Revitalization Fund to support a forgivable loan program for minority-owned and woman-owned businesses and emerging small businesses.
• HB 2567 Directs Secretary of State to study and make recommendations regarding best practices for conducting audits related to equity issues pertaining to historically disadvantaged groups.
• SB 247 Directs Department of Energy to study opportunities and challenges in Oregon for renewable energy, energy equity and development of clean energy workforce.
• HB 3110 Requires board of directors of publicly traded corporation to have specified proportion of female directors and directors who are members of underrepresented communities.
• HB 3112 Establishes Equity Investment and Accountability Board and Office within office of Governor to provide equity oversight of cannabis industry to issue license being racially inclusive.

Could it be that “socially and economically disadvantaged” is being used to pull on the heart-strings to hide the social justice agenda?


--Donna Bleiler

Post Date: 2021-06-01 11:08:11

Last Update: 2021-06-01 12:30:17

Numbers were recently released for Oregon jobs on May 18, 2021 by State Economist Gail Krumenauer on jobs, states a monthly gain in employment in the government sector and in leisure and hospitality. She states a 59% return of jobs that were lost between February and April 2020.

How do these numbers look as far as they impact the GDP -- the value of goods and services provided in one year -- in Oregon? First the section of measured economy for Leisure and Hospitality is only 4.4 percent of our GDP. Oregon statistics also cite that regular unemployment received; 100% replacement wage as unemployed, but those in the leisure and hospitality trade received 134% of their wage. Ironically those best off under unemployment now have more jobs.

Government and government enterprises has a 25.68 GDP. Krumenauer reports 2,300 more jobs in government. What are those? Are they new regulators, like OSHA inspectors? Government regulates, it legislates, it does not create anything.

An example of what that GDP translates into: Agriculture, has a 13.2% or 50 billion of all Oregon sales. 10.6% or 22.9 billion of Oregon's net product and 13.8% of part time and full time jobs. This information from Agricultural statistics State of Oregon. Now that your nearly asleep, why do all these numbers matter?

Jobs lost in Oregon; 46.9% were in the leisure or hospitality section. These were the highest paid under unemployment to the tune of 34% more. So, is a reduction in their unemployment really a win?

Industries still showing significant stress among those which are significantly affecting our GDP are manufacturing, metal machinery, wood, electric products, transportation and equipment, and other durables. These industries represent a large part of our GDP. They are all still underwater in April of 2021. Aerospace is in fact still going lower and timber or wood at levels of the 1920’s. Reality is these numbers show that private enterprise is still suffering or still declining. These sectors actually produce products. The example of agriculture above shows that production enterprises filter down through several parts and layers of our economy. Products equate to consumer spending. Consumer spending is the number one biggest component of GDP or 2/3 of GDP.


--Liz Turner

Post Date: 2021-06-01 07:05:54

Last Update: 2021-06-01 08:25:15

Governor Kate Brown’s state budget included a quarter billion-dollar tax increase on mostly small businesses. According to the Taxpayers Association of Oregon, Brown wants to gut the 2013 small business tax savings and raise $273 million by closing tax loopholes. If Governor Kate Brown gets her way, small family-owned businesses will be paying more taxes than big C-corporation businesses on the same level of revenue.

What should be a sign of relief to receive $1.4 billion from the federal relief bill passed in March, may be costly. There are strings attached to that windfall. If states accept the funds, they are restricted from lowering their taxes. Governor Brown’s push for new taxes is not what state governors are doing in states that are thriving.

• Iowa was sent $95 million to get kids back to school. Governor sent the money back and said our kids are back in school already.
• Kristi Noem, Governor of North Dakota, also refused federal funds saying their state is open for business and doesn’t need those kinds of restrictions.
• Tennessee Governor, Bill Lee, has a billion-dollar surplus and wants to make tax cuts. “We don’t want government to tell us what to do on immigration or what our kids learn in school.”

Oregon’s $1.4 billion is after Oregon received $1.1 billion for Oregon schools, and $155 million for capital projects, and $1.5 billion for county, city and other local governments. The numbers start whirling when you think that in 2020 Oregon received $1.8 billion designated for specific projects by the emergency board, and $499 million for schools from Congress’ December relief bill, and $2.45 billion from the CARES act earlier in 2020. How much did all this money prop up the rosy May forecast?

Why would we accept restricted conditions to not lower taxes when accepting additional funds? Not to speak of the begging and graveling the counties and cities need to do to get their share released. While the state is focused on relief from the impact of COVID-19, the priorities seem to go deeper.

Despite all that inflow of federal dollars, the legislature still wants our kicker refund. Some bills take advantage of the emergency to justify tax credits for undocumented without social security numbers, landlords, spouse seeking degree, teaching in rural schools, and increasing workforce. And more specifically, health bills such as HB 2337, introduced by Representatives Andrea Salinas (D-Lake Oswego), Teresa Alonso Leon (D-Woodburn) and Courtney Neron (D-Wilsonville), are coming out of the legislative session in lock-step with federal requirements for funds. HB 2337 appropriates $2 million General Funds for two pilot mobile health units. The bill “declares racism a public health crisis; requires a study of the collection of information with respect to race, ethnicity, preferred spoken and written languages, and disability status; establishes grants to operate two mobile health units for underserved communities as a pilot program; and requires OHA to develop recommendations to fund culturally and linguistically specific intervention programs across all relevant state agencies.”

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HB 2474 is another bill that will impact low-income families the most by the costs to businesses, stop production, and delay harvesting increasing food costs during an emergency. “During a public health emergency, the amount of time an employee must work for an employer before becoming eligible to take leave is reduced from 180 to 30 days and eligibility for employees can be reestablished if they separate and are reemployed by the same employer within 180 days or because of a temporary cessation of scheduled hours.”

The Federal government is shoveling out money rewarding states that made bad policies, and now enabling them to stick with those bad policies. Federal funds may not be the relief we hope for when it’s used for new projects that demands new taxes. What were policies to help the low income is having the reverse effect.


--Donna Bleiler

Post Date: 2021-05-31 20:02:07

Last Update: 2021-05-31 20:04:03

The Oregon Occupational Safety and Health Administration has been the agency which has been responsible for fining businesses for non-compliance with COVID-19 regulations. The director, Michael Wood, appeared before the House Health Care SubCommittee on COVID-19 to answer various questions.

After Oregon Health Authority Director Pat Allen made it clear that businesses could not use an "honor system" to allow customers into their stores, State Representative Cedric Hayden asked Woods what the fine would be for a business using the honor system. Woods explained some less-than-relevant scenarios and then said:

If an employer refused to comply or simply said, "I'm going to use the honor system. I don't care what the State says." Well, the minimum penalty for a willful violation is $8,900.

At this point in time, it appears that many -- if not most -- businesses are not checking vaccination status at the door, and OSHA isn't doing anything about it.




--Staff Reports

Post Date: 2021-05-31 17:40:03

Last Update: 2021-05-31 18:24:26

"I refuse to glorify imperialism" was found written in graffiti on a veterans Memorial Wall at Skinner Butte Park in Eugene, Oregon on May 30th, 2021.

On Sunday, May 30, at 9:20 a.m. Eugene Police received reports that someone had defaced the Veterans of Foreign Wars Memorial wall, which is along the park’s bike path, and which includes the names of people who have died serving the country.

The 12-foot granite memorial wall is inscribed with the names of 451 Lane County veterans who were killed in the war from World War I through Operation Desert Storm. It was dedicated May 30, 1996 and again September 11, 2010. The base reads, “Many millions of men, women and children have perished in war. May there be an end to war.”

Included in the criminal mischief was an anarchy symbol.

When police arrived, an unknown person was cleaning most of the paint off of it.

Eugene Police has alerted staff to pay extra attention with patrol checks near the memorial this weekend. If anyone has tips in the case they are asked to report those to the Eugene Police Department.


--Bruce Armstrong

Post Date: 2021-05-31 13:17:39

Last Update: 2021-06-01 13:22:53

Recently passed out of Oregon's Joint Committee On Transportation, HB 2342 is a bill that will mandate a Road Usage Charge on Oregonians that would be paid per-mile driven.

The bill is sponsored by Representative John Lively (D-Springfield) and will be headed next to the Ways and Means Committee for further discussion. The language of the bill proposes the following:

• Imposes mandatory per-mile road usage charge for registered owners and lessees of passenger vehicles of model year 2027 or later that have rating of 30 miles per gallon or greater, beginning July 1, 2026.
• Repeals voluntary per-mile road usage charge on July 1, 2029.
• Allows annual fee in lieu of mandatory per-mile road usage charge, for period beginning on July 1, 2026, and ending on June 30, 2031.
• Sunsets annual fee provisions on January 2, 2032.
• Requires Department of Transportation to submit periodic reports to Road User Fee Task Force about development and implementation of programs.
• Requires department to seek federal funding to better understand interaction of per-mile road usage charges and impact on environment of motor vehicle usage.

Republican legislators and others, including the company Tesla, are opposing the bill, citing several issues with it. Representative Shelly Boshart Davis (R-Albany) has raised additional concerns about the privacy of Oregonians in the future during the Joint Committee On Transportation meeting on May 25th, 2021.


--Bruce Armstrong

Post Date: 2021-05-31 11:43:03

Last Update: 2021-06-05 17:46:34

The Columbia County Second Amendment Sanctuary Ordinance, recently adopted by the Columbia County Board of Commissioners is seen by many as an attempt to undermine the Sanctuary Ordinance initiative which was passed by the voters in November 2020.

Citizens of the county passed the “Second Amendment Preservation Ordinance” in 2018 and the “Second Amendment Sanctuary Ordinance” in 2020, and the county has now passed its own ordinance and the whole matter is in the hands of Circuit Court Judge Ted Grove for ‘Judicial Examination and Judgement of the Court as to the Regularity, Legality, Validity and Effect’ of the ordinance via a petition for validation of local government action.

Everytown For Gun Safety, a Bloomberg funded anti-gun-rights organization, has intervened in the case along with a New York law firm. While apparently Everytown knew this ordinance was going to be referred for review, and may have even requested the review, the chief petitioner for both initiatives, Chris Brumbles was never informed about this action. The county eliminated two Second Amendment ordinances passed by the people and created their own that stripped out important safeguards built into the ordinances. The Oregon Firearms Federation and Gun Owners of America have petitioned the court to intervene in the review. It may even be possible that the county commissioners actually violated the ordinance they were seeking to “review” just by demanding the review.

Under ORS 33.710, the Columbia County Circuit Court is authorized to conduct an examination of the ordinance and to provide a judgement as to the legality of the authority of a county governing body to enact the Second Amendment Sanctuary Ordinance.

Though the County claims they have filed the petition to clear up several important legal questions about what firearm regulations can be enforced in Columbia County, it is seen by many as an attempt by the County Commissioners to weaken -- and effectively eliminate -- the Sanctuary ordinances.

“To be clear, the County is not seeking to invalidate the Ordinance, only to get answers to the many legal questions raised by it,” County Counsel Sarah Hanson said. “As an example, Oregon law generally does not permit the County to regulate within the City limits without consent. We have asked the Court to inform us whether the cites have consented."

Hanson said this and many other questions arising from the two voter-passed initiatives and the Ordinance implementing them put the County and its residents in legal “limbo,” so the Ordinance has been put before the Court for answers. The statutory process will enable the County to get binding decisions from the Court which will allow the Ordinance to move forward in a form that is legal. It will provide the Sheriff and District Attorney with certainty as to what can and cannot be prosecuted.

“This proceeding will also inform residents of the County what firearm laws do apply to them so that no one is unwittingly found to violate a federal or state firearm law that they believe doesn’t apply because of the initiative measures,” Hanson said. “We don’t think anyone would want that result.”

The County expects a briefing schedule to be approved by the Court soon and hopes to have a hearing before the end of June, 2021.


--Bruce Armstrong

Post Date: 2021-05-30 17:28:01

Last Update: 2021-05-31 13:30:41

Involving kids into pollical decisions has been a priority for Governor Brown. So much so that HB 3363 establishes a Racial Equity and Justice Student Collaborative, which is directed by a work group of at least 6 students and 3 adults to filter prospective members of the Collaborative for the Governor’s selection. The majority of the members of the Collaborative must be students between the ages of 11 to 18. The Collaborative duties are to set goals, success criteria and progress measures related to student leadership and engagement in the policymaking process in this state.

The Collaborative gives students ages 11 to 18 a lot of power to be heard on policy for the state. But where they are considered an asset for their critical thinking, they aren’t trusted in other areas.

• HB 2959 requires child's consent to parenting plan if child is 14 years of age or older.
• However, HB 2402 prohibits under 18 years of age from using tanning devices

Some laws proposed have a basis in the science of brain development and the permanent damage caused:

• HB 2261 requires purchaser of tobacco inhalant delivery systems to aid in quitting smoking to be 21 or older. However, SB 64 creates an exemption for a person under 21 to enter establishment where tobacco products or inhalant delivery systems are sold for purposes of investigating violations.
• However, HB 2775 canisters or other products from which individual may directly inhale restricted inhalant may be sold or delivered to individual who is 18 years of age or older.
• HB 2648 and SB 526 sets age at 18 or over with valid ID may purchase a drug containing pseudoephedrine without prescription from a pharmacy.

Then there are those bills that take no account for brain development and the effect of real life experiences:

• SJR 25 amends the Oregon Constitution lowering voting age from 18 years old to 16 years old.
• SB 776 permits individual who is 16 or 17 years of age and registered to vote to cast ballot in school district elections.
• HB 2679 Permits person who will be 17 years old on date of primary election and 18 years old on date of general election to vote at primary election.

Judicial treatment indicates a pattern of forgiveness:

• HB 2146 a person who is under 18 years of age at the time of committing an act that, if committed by an adult, would constitute a crime is immune from prosecution
• SB 766 reduces date of expiration of sexual abuser restraining order for orders entered when petitioner was under 18 years of age to expire on January 1 following 18th birthday.
• SB 418 a person under 18 years of age has a rebuttable presumption that statements made during a custodial interview investigation is involuntary if peace officer intentionally used false information to elicit statement.

Consent and disclosure are at odds. SB 792 protects disclosing child’s identifiable information under 16 years of age when applying to State Fish and Wildlife Commission for license and tags.

However, parents should be aware of HB 3284, which allows 14-year-olds to give consent to collect, use or disclose personal health data. “Personal health data” is protected data and not for sharing without expressed consent, which your 14-year-old can give under this bill. This includes information that is collected to track, monitor or trace exposures to infections caused by or related to COVID-19 that can be used to identify a resident individual or others.

One thing seems clear, age is being used to the advantage of the issue at hand and has no relevance to best practices.


--Donna Bleiler

Post Date: 2021-05-30 12:05:20

Last Update: 2021-05-30 17:40:03

In a show of bipartisan unity, all three Yamhill County Commissioners prevailed upon Governor Brown to rescind her order to make vaccine police of those who operate places open to the public. The Board of Commissioners' letter opposes Governor driven mandates by Oregon Health Authority and Oregon OSHA requiring churches and businesses to verify vaccination for COVID-19, or require mask wearing before allowing entry. The mandate includes required training for employees in determining authenticity of medical records and knowing the protocols for the different vaccines available. Any mistakes by these employees could result in a fine. The other option is to require 100% wearing of masks until further notice.

In the letter, the commissioners point out that:

As a practical matter, requiring busine3sses and churches, and the employees of those businesses and churches, to verify a person's vaccine status is only going to lead to conflict between employees and customers...the last thing that any of these businesses and churches need is a yet another, unsupported by science, mandate from the State of Oregon that is only going to lead to conflict and these businesses and churches and their employees begin the long and arduous task of attempting to rebuild what they have lost.

This mandate is not supported by requirements from the White House, CDC or any federal agency. With both the federal government and Oregon’s Governor claiming the high ground in following the science on mask efficacy who’s right? A comparison to recent results in mask free Texas and Florida versus California ought to answer that one. Or is this not a matter of following the science but just a matter of exerting control over citizen’s lives? Oregon’s Governor has survived two recall efforts. Clearly there are many who question her judgement in balancing the needs of all citizens. The federal agencies stance may indicate a wish to avoid a challenge in court over violations of HIPPA laws.

According to many, Yamhill County Commissioner Kulla is a leader in Progressive Yamhill. He typically supports policies that favor Democrat control in all things regardless of Constitutionality. Fresh from his latest focus group, Kulla’s signature on this letter is significant in that it may signal even more progressive leaders and habitual critics of conservative commissioners, are becoming cautious of aligning with the Governor’s heavy-handed measures.

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The deaths of six one hundredths of 1% of Oregonians have been attributed to COVID-19. The number of new cases reported nationally is at its lowest point since cases first rose in April of 2020. The curve has not only flattened, it is soon a candidate for the endangered species list. Maybe the Governor is concerned we’ve arrived at a point where Oregon’s counties may discontinue funding the salaries of hundreds of COVID-19 trackers.

Maybe she’s waiting for the teachers union to give her the green light.


--Staff Reports

Post Date: 2021-05-30 10:31:24

Last Update: 2021-05-30 12:05:20

In a 75 to 31 vote (total eligible voters estimated at 180), Oregon Legislative staff -- the people who work for the State Senators and Representatives -- voted to unionize.

However, the union conversation is not new. SB 759 introduced by Senator Dembrow (D–Portland), Senator Gorsek (D–Portland) and Representative Wilde (D–Eugene) this session aimed to direct the Legislative Administrator to represent legislative departments in collective bargaining negotiations with legislative department employees, i.e., legislative employee unions.

However, after the bill passed the Senate on a party line vote, it was assigned to the House Rules committee where it has received just one hearing. This is possibly due to waiting for the outcome of the Legislative staff vote. During initial testimony on the bill, The Freedom Foundation testified that,

“Following recent attempts to organize a union of legislative employees, the Oregon Department of Justice (DOJ) has filed multiple objections with the Employee Relations Board (ERB) on behalf of the Legislature arguing that such efforts would violate both the Oregon Constitution and the state’s collective bargaining laws.”

The pending outcome of the latest round of objections by Legislators themselves, however, did not stop a few other Legislators from continuing the conversation.

The union vote was organized by IBEW Local 89, located in Washington state. IBEW Local 89 represents workers in numerous industries including: Telecommunications Installation and Repair, Telecommunications Network Construction, Satellite installation and Repair, Warehouse and Logistics, Manufacturing, Clerical and Campaign workers. However, currently most state employees are unionized under SEIU 503. Staffers selected the International Brotherhood of Electrical Workers Local 89 to represent them, in part, because the IBEW does not actively lobby in state politics and SEIU 503 does.

In an email sent to Legislative staff from IBEW Local 89 they announced:

We are happy to announce the results of this morning’s union election. Through an overwhelming showing of bipartisan support, you and your coworkers have voted “UNION YES”!

This is a monumental win for every staffer in Oregon as well as those watching across the country. Through your solidarity, strength and determination, you all are leading the way for legislative staff everywhere to have a legitimate voice in their workplace and the power to make a difference.

What is interesting about the statement is that they said, “Through an overwhelming showing of bipartisan support”. However, the balloting process was portrayed to staff as a secret ballot. How does the IBEW know it was bipartisan?

The announcement from IBEW was quickly followed by a joint press release from House Speaker Kotek (D- Portland) and Senate President Courtney (D – Salem) saying:

“We are committed to supporting the needs of the Legislature’s dedicated staff. The people’s work could not be done without them. Today, Oregon legislative aides took the historic step of becoming the first union of legislative staff in the country. We respect their decision, hear their voices and look forward to bargaining in good faith with their new union.”

Several issues may still be unresolved even after the vote. Department of Justice lawyer Tessa Sugahara, was quoted in a February OPB article saying, “Legislative Branch employees are exempt from, and generally not subject to, the State Personnel Relations Law”. She went on to add “The collective bargaining policy objectives of the Public Employee Collective Bargaining Act are irreconcilable with the policy objectives of the Oregon Legislative Assembly, and This situation raises both conflict and loyalty considerations that the PECBA policy did not anticipate.”

When the union movement gets to a point of actual negotiations, it may also be the solution to a bill that Rep. Wilde (D- Eugene) brought forth this session but that has yet to be heard in the House Rules Committee. HB 2220 removes the ability for member of Legislative Assembly to appoint or employ relatives or members of their household as their legislative staff unless relative or member of household serves as unpaid volunteer.

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As most Legislators do not live in Salem year-round, they often employ their spouse or family member as a way to spend more time together and to supplement their legislative / household income. In addition, having a family member as their Chief of staff is often important to maintaining confidentiality and consistent communications with their constituents. After all, who know them better than their family. Also, many of the Legislative staff positions are limited duration positions, meaning they work only during the actual legislative session and not during the “off season”. By hiring family, the Legislator is also able to maintain some historical knowledge from session to session. This becomes even more important if they are a long serving member. Institutional knowledge of past legislation and actions can help make them more successful in the representation of their constituents.

One thing is certain, for better or worse, Oregon is once again a trailblazer in the political world as the first in the nation Legislative Staff union. However, there are still potential legal challenges surrounding the separation of powers clause in the Oregon Constitution, and unanswered questions about how the union will operate with the potential conflicts with the PECBA policy objectives. But what mostly remains is the potential problems that will arise when political leaders must bargain with the very employees who possibly share the same household with them.


--Terese Humboldt

Post Date: 2021-05-30 09:14:37

Last Update: 2021-05-30 17:54:22